Sunday, July 31, 2011

On 24 and 25 March 2010 in Katmandu, many NGOs and peoples' movements held the first sub-regional workshop[i] with the aim of creating dynamics to implement South Asia Human Rights Mechanism trough the South Asian Association for Regional Cooperation (SAARC)[ii]. But it is important to understand that this objective doesn't only involve the creation of a deeper cooperation among civil society actors of South Asia on the field of Human rights; it mostly raise the question of a sub-regional integration process for the eight states who are part of this association. And this is due to this second raison that such efficient mechanism will be difficult to implement by making call for this to the members stats that are not ready to sharing few of their sovereignty together in order to create sub-regional mechanisms that would be restrictive to them. It seems so that the best strategy to achieve this goal is to begin this process without involving members' stats directly.

According to the discussions that took place on Kathmandu, the will of implement sub-regional mechanism involve first of all the creation of a South Asia human right commission "with teeth" – that's means with a reel power of enquiry in the internal affairs of members state and with the ability to make those stats and their nationals accountable for human right violation. Unfortunately, this kind of mechanism suppose that members stats be agree to share a little bit of their states' sovereignty within the SAARC' institutions. An integration process that will remain difficult to put in place on a sub-regional political context still characterized by war – in Kashmir, for the water, for the delimitation of border lines,… - and the "big brother" behavior on the largest member state - India.

For those reasons, it seems to be impossible to create effective Human rights mechanism by asking more involvement from the members' states through the classical way of sub-regional treaties. Another integration strategy is so request. A strategy involving others actors who's hold a different working culture and who are able to build cheap but effective network thanks to the new technologies of communication. I want to talk about the NGOs and peoples' movements who are the only ones to have a true willing of building sub-regional Human right's mechanics in South Asia.

As a young European man - and world citizen, my political understanding is well influenced by the European Union integration process and I would like to propose to use here the same theoretical framework – the functionalism approach - that was use at the origin of this integration. The same European framework, but in the South Asian style!

The functionalism approach is a school of thought in international relations theory - represented in particular by David Mitrany - which studies the integration process of political spaces. This theory was using by the founding fathers of European Union - like Jean Monnet and Robert Schuman – to increase the European integration process through the creation of the European Coal and Steel Community (ECSC), which become later the European Economic Community (EEC) and finally the European Union (EU). In the functionalist theory, this is the technical requirements (not political) of a complex society that foster cooperation. In other words, problems that go beyond the borders of a nation-state, or abilities, lead mechanically to create suitable international or supranational institutions. In our case, Human Rights issues seem to be a good example of those transnational problematic. The functionalist theory also adopts a bottom-up perspective (from bottom to top): this means that the necessities of the grass-roots level lead to the creation of institutions at the top to meet those needs. For that reason, it focuses on aspects of "spillover effect" – in which an agreement on one issue lead to create new agreements on others connected issues in order to implement effectively the first agreement – and, by this way, tries to launch an integration process "by small step".

Basically, this theory was using in Europe to increase integration process among members states through economic treaties. I propose to use the same theoretical approach to launch an integration process between Human Right Institutions and activists of South Asia on a Human Right issue which can lead to the creation of sub-regional Human right institution through the SAARC.

In order to launch such process, and as many stakeholder have already say to the Kathmandu meeting, we need first of all to find an "entry point" into the SAARC – that means a common issue on which we will decide to work closely together and, by this way, learning to know better each other's and begin to create a true human right community in South Asia with his own practice and working culture in order to pressure the SAARC to create adequate institution to be effective on that issue. This issue should fulfill to three conditions: involving the SAARC countries due to an ongoing agreement, be a problem that occur on the eight members' states and doesn't look like an issue which could affect – on a first time – the sovereignty of member states. For this last reason, this issue should looking like a technical issues, or at least, not too much political.

So far, SAARC members' states have already sign and ratified three regional legal instruments linked with the Human rights issues – the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution; the SAARC Convention on Regional Arrangement for the Promotion of Child Welfare in South Asia and the Agreement on Establishing the SAARC food security Reserve. According to me, the issues that can be use easily as an "entry point" is the promotion of child welfare in south Asia, because it looks less political than the other ones – trafficking suppose conflict between states and the food security reserve can be seen as an issue related with the fight for natural resources between and among states.

Due to the existence of the SAARC Convention on Regional Arrangement for the Promotion of Child Welfare in South Asia, the NGOs and peoples' movements from South Asia will be able to work together on that issue and use the functionalism theory to create dynamics to implement South Asia Human Rights Mechanism through the SAARC. Let me try to clarify my thought:

1.The creation of a South Asian platform/forum for the promotion of child welfare in South Asia.thanks to internet (blogs, email,…), all NGOs and peoples' movement of the area will be able to sharing information and expertise, but also create coordinated action on the sub-regional level to make pressure on the members states. This process will contribute to create an effective network between human right activists of South Asia, develop a sub-regional culture of working on the Human right field and develop a better understanding of the regional situation for all the stakeholders.

2.The exchange and the meeting between Human right activists on this topic will create a strong network at the sub-regional level that the SAARC member's states are supposed to support. The article VIII of the SAARC Convention on Regional Arrangement for the Promotion of Child Welfare in South Asia says that the stats parties "may encourage and support the participation of non-governmental bodies including community-based organizations". I am not jurist – so it would be good to check the extent of this Article – but I think that this kind of text can be used by human defenders in order to do their job without any negative interference of member states.

3.The creation of a strong network of Human Rights activists on that topic will make them able to pressure SAARC member states to create institution to ensure child welfare on the sub-regional level. The article V, paragraph d. of theSAARC Convention on Regional Arrangement for the Promotion of Child Welfare in South Asia say that stats parties shall "strengthen the relevant SAARC bodies dealings with issues of child welfare to formulate and implement regional strategies and measures for prevention of inter-country abuse and exploitation of the child, including the trafficking of children for sexual, economic and others purposes". Moreover, this article enable Human right activists to enter in other Human right issues connected with the child welfare (begin of a spillover effect in which the achievement of one goal require to take actions on others ones) and allow them to rising this question on a trans-regional view – for the problem of trafficking.

4.Last, but not least: the (little step by little step ) strengthening of a SAARC bodies dealing with the specific issue of child welfare will more and more be involving in others Human right issues (spillover effect) and so become a stronger sub-regional Human right institution. This link between child welfare and the other Human right issues is already present in the article III, paragraph 1-A. of the SAARC Convention on Regional Arrangement for the Promotion of Child Welfare in South Asia in which is mentioned the "human rights and fundamental freedom".

Saturday, July 30, 2011

PVCHR’s linkage with NHRC dates back to its day of existence. Justice Shri Ranganath Mishra, Justice Shri Venkatchalaia and Justice Shri V.S. Mallimath were closely monitoring the initiatives of this UP based organization. Later on, taking into account, its work on human dignity and democratic participation they accepted the organisation’s request to join its advisory board.

For several years, PVCHR, a human rights organisation has been working at the grassroot level in Uttar Pradesh. Being a membership based organization it has strong organizational presence in Western Uttar Pradesh and Districts surrounding Varanasi.The organisation’s pioneering work is focused on strengthening rule of law through empowerment of the dalit and minorities and fighting against structural violence. Very recently it is using Testimonial Therapy to help the survivors in psychological rehabilitation and participation in justice process. It has always optimized the mandate of judiciary and human rights institutions for the victims.

The organization headed by Dr Lenin and run by a mixed group of grassroot workers and professionals function in a very transparent manner. Perhaps it is the only one organization that carry social audit every year.

South Asian Association for Regional Cooperation (SAARC) was created in 1985 as a socio-economic grouping with its main rationale to "promote the well-being" of the people of South Asia through regional cultural and economic cooperation. The hope wasthat greater regional cooperation would generate "mutual trust, understanding" and appreciation of one another's problems[iv].

SAARC has addressed several gender and child rights related issues through several agreements and common action plans. Such as SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution and SAARC Convention on Regional Arrangement for the Promotion of Child welfare in South Asia in SAARC. SAARC adopted these conventions as an effort to give complementarities to the international obligations that arose after becoming party to the international human rights treaties. SAARC treaties are focused more on cooperative activities than on the setting up of regional machinery to deliver justice.

Several agreements have also been signed on Food Security Resort and specific social issues, which require concerted and coordinated actions for the effective realization of their objectives. Similarly, other SAARC treaties also address some of the Human Right issues, but so far SAARC has not adopted any specific, detailed and uniform Human Rights Convention or Charter nor have they agreed to create any common Regional Institution or Mechanism to monitor adherence and implementation of various Human Rights Conventions, Charters and Treaties signed by the Member Countries or to provide redress to the victim of human rights abuses.[v]

Possibilities:

The six countries of SAARC have National Human Rights Institutions[vi] and these NHRIs assemble at Asia Pacific Forum as Members.[vii]

Most of the SAARC countries have many cut crossing common problems such as torture, trafficking, the internally displaced due to conflicts, refugees, right over resources, urban shelter and demolition, livelihood, Violation against Women, death Penalty, and involuntary disappearances. But NHRIs are not coming at common platform for a common understanding on the Human Rights at SAARC level. NHRIs can monitor treaties and spotlight on the human rights issues in context of its new role in process of Human Rights Council of United Nations such as UPR.[viii] So, we will make demands on NHRIs Institution to come forward at SAARC level.

OHCHR conduct meeting at Asia pacific level focusing on the human rights mechanism at regional sub regional level[ix], which provides option for advocacy at OHCHR level to engage the Government of SAARC for sub-regional human rights mechanism.

The South Asia People's Forum:" People's SAARC" held from January 15 to 17, 2005 brought together National and International social activists, intellectuals and secular and democrative forces interested in the preservation of the secular, pluralistic and democratic fabric of the South Asian society. The convention was organized by PVCHR, Wiros Lokh Institute, INSEC and LOKOJ.
This was a historical convention which resulted in creation of the "South Asian People's declaration"[x], which we aim to submit to the SAARC (South Asian Association for Regional Cooperation) Summit involving Heads of States of the seven South Asian countries that make up the SAARC, being held in February, 2005.Ongoing process of Peoples' SAARC make available a platform for peoples' struggle for SAARC human rights mechanism.

INSEC & Forum Asia organized "First historical Sub-Regional Workshop on South Asian Human Rights Mechanism", 24-25 March, 2010 in Kathmandu, Nepal[xi]. INSEC and FORUM Asia wrote letter to the Prime Minster of Nepal and also the delegation of the workshop met with him with a request for his role in the forthcoming SAARC Summit in Bhutan to bring the agenda of regional human rights mechanism in South Asia and exploring strategy for the dialogue and discussion to address the common human rights issues of the region. PVCHR sent the open letter on possibility for SAARC Human Rights Instruments to all parliamentarians, head of state and political parties[xii].President of Maldives subsequently called the SAARC for sub regional human rights mechanism at SAARC meeting at Bhutan[xiii].

In order to make SAARC more effective as a regional mechanism to combat impunity, promote basic rights of the peoples of the region, SAARC should reform from within to create a new mechanism. This body should be based on legal framework, a charter to guide whole body. The new mechanism should develop its identity as a part of the region by forging links with various institutions in the region dealing with issues of human rights and justice.

While the international community has been searching for ways to strengthen the machinery required to achieve practical realization of the rights enumerated in the 63-year-old Universal Declaration of Human Rights and to define a new generation of humankind's basic rights, regional initiatives in these directions have fared somewhat better. Article 37 of the Vienna Declaration and Plan of Action, of which SAARC member states endorsed, reiterated the need to consider the possibility of establishing regional and sub-regional arrangements for the promotion and protection of human rights where they do not already exist.

UN Human Rights Commission advocated for several times to explore the possibility of setting up "regional arrangements" in the form of an inter-governmental "regional machinery", possibly a regional human rights commission- to review the human rights situation and to provide redress where the national setting is unable or unwilling to deliver justice.

Most of the regional or sub-regional groupings in Europe, North America and Africa have appreciated the need to have common human rights treaties/conventions or codes and have officially constituted autonomous statutory forums to ensure their observance and enforcement. The European Community takes pride in its own charter of human rights and the working of its human rights court, whose rulings can override the verdicts of the highest national tribunals. The Americans have their charter and court and so have the African countries. Asia alone is the region without a consensus on shared human rights concepts and the means of guaranteeing their respect.

There has been step-by-step progress in terms of cooperation in the Asia-Pacific Region. Sub-regional initiatives endeavouring to provide some monitoring and/or redress beyond the national setting have become more visible such as establishment of ASEAN human rights body; and the presence of OHCHR in the Asia-Pacific region provides possibly a machinery to promote and promote human rights through cooperation and complementarily.

Challenges:

The sluggish progress in regional cooperation is not due to the SAARC institutional structure, but to the extremely difficult and acrimonious bilateral relations especially India and Pakistan with major concern on Kashmir issue. India performs as expansionist country and with the dominating behaviour its act as a big brother. 'Big Brother' behaviour of India and presence of communal fascism in South Asia are the key responsible factors for mistrust among the people of South Asia. Culture of impunity in the conflict zone area is another challenge in South Asia.